Notice for the OJ

 

Action brought on 17 January 2005 by Ekabe International SCA against the Office for Harmonisation in the Internal Market

(Case T-28/05)

Language in which the application was submitted: French

An action against the Office for Harmonisation in the Internal Market (OHIM) was brought before the Court of First Instance of the European Communities on 17 January 2005 by Ekabe International SCA, established in Luxembourg, represented by Charles de Haas, lawyer.

Puleva SA was also a party to the proceedings before the Fourth Board of Appeal.

The applicant claims that the Court should:

-    annul and alter the decision of the Fourth Board of Appeal in so far as it confirmed the rejection of the application for Community trade mark OMEGA 3 No 824 573 following Opposition No B 148 132;

-    order OHIM to pay all the costs.

Pleas in law and main arguments:

Applicant for Community trade mark:

CEMA. The mark was transferred to Primalliance and subsequently to Ekabe International.

Community trade mark concerned:Figurative mark 'OMEGA 3' for goods in Class 29 (margarine) - application No 824 573

Proprietor of mark or sign cited in the opposition proceedings:

Puleva SAMark or sign cited in opposition:The national word mark 'PULEVA-OMEGA 3' in respect of goods in Class 29 (Meat, fish, poultry and game; preserved, dried and cooked fruits and vegetables; eggs, milk and milk products, etc)

Decision of the Opposition Division:Rejection of the applicationDecision of the Board of Appeal:Dismissal of the appealPleas in law:Infringement of Article 8(1)(b) of Council Regulation No 40/94

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